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Unit 13: Acts Related to Library Legislation

of works, such as musical works included in phonograms, audio-visual works, and computer Notes
programs. The right of rental is justified because technological advances have made it very easy
to copy these types of works; experience in some countries has shown that copies were made by
customers of rental shops, and therefore, that the right to control rental practices was necessary
in order to prevent violation of the copyright owner’s right of reproduction. Finally, some
copyright laws include a right to control importation of copies as a means of preventing erosion
of the principle of territoriality of copyright; that is; the legitimate economic interests of the
copyright owner would be endangered if he could not exercise the rights of reproduction and
distribution on a territorial basis.

Translation and Adaptation Rights

The acts of translating or of adapting a work protected by copyright require the authorization of
the copyright owner. “Translation” means the expression of a work in a language other than
that of the original version.
“Adaptation” is generally understood as the modification of a work from one type of work to
another, for example adapting a novel so as to make a motion picture, or the modification of a
work so as to make it suitable for different conditions of exploitation, for example adapting an
instructional textbook originally prepared for higher education into an instructional textbook
intended for students at a lower level. Likewise, a film producer who intends to produce a film
based on a novel or a play should also obtain the authorization of the author to make an
adaptation of the play or novel.

Notes Bear in mind however that translations and adaptations are themselves works
protected by copyright. Therefore, in order, to reproduce and publish a translation or
adaptation, the publisher must have the authorization both of the owner of the copyright
in the original work and of the owner of copyright in the translation or adaptation.

Performing Rights

Another act requiring authorization is the act of public performance.

Example: Performing plays or music live or reading books or poetry before an audience,
playing recorded music or showing films or videos in public, delivering lectures in public, and
letting a broadcast be seen or heard in public.

Broadcasting Rights

A major category of acts restricted by copyright consists of the acts of broadcasting works and of
communicating works to the public by means of wires or cables. When a work is broadcast, a
wireless signal is emitted into the air which can be received by any person, within range of the
signal, who possesses the equipment (radio or television receiver) necessary to convert the
signal into sounds or sounds and images.

When a work is communicated to the public by cable, a signal is diffused which can be received
only by persons who possess such equipment linked to the cables used to diffuse the signal. In
principle, according to the Berne Convention for the Protection of Literary and Artistic Works,
owners of copyright have the exclusive right of authorizing both the wireless broadcasting and
the diffusion by cable of their works.

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